section 52 indian penal code

INDIAN PENAL CODE

Section 52: “Good Faith”

52: “Good Faith”::--Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention.

COMMENTS

Honest intention free from taint of fraud or fraudulent resign is a constant element of the connotation of good faith–Brijendra Singh v. State of U.P AIR 1981 SC 636: (1981)1 SCC 597.

The definition of the term in General Clauses Act lays stress on the one aspect of honesty only irrespective of negligence, but in the Indian Penal Code stress is laid on two aspects, viz., honesty of intention along with due care and attention. Both the definitions retain the real essence of good faith, which is honesty. Good faith precludes pretence, deceit or lack of fairness and uprightness as also wanton or wilful negligence–Kailas Sizing Works v. Municipality of Bhivandi and Nizampur AIR 1969 Bom 127

Good faith imports the exercise of due care and attention. A person can be excused for having committed an error of judgement only if he exercised due care and attention, and his conduct makes it clear that there was no negligence according to reasonable standards–Kedarnath v. State AIR 1965 All 233.